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Programme Overview

The Drafting modern commercial contracts five-days course is designed to cover the end-to-end contracting process, from setting contract objectives and prioritising between them to effective contract drafting and negotiation. This 5-day programme provides a comprehensive overview that tackles the technical legal aspects of contract management, as well as the art of cross-cultural negotiation from International perspective. The goal is to enable delegates to build effective contract clauses that deliver operational results while protecting the organisation against key risks.

Who should attend

The Certificate in Contract Development, Negotiation & Management is suitable for professionals involved in the contracting process, such as Procurement and Contract Management Professionals, Contract Negotiators, Lawyers and Attorneys, Sales Professionals, Purchasing, Sourcing and Supply Management Professionals, Finance Professionals (involved in contracting), Operational and Compliance Managers.

By the end of this training course, participants will:

  • Have an improved understanding of who does what, and how teamwork will produce the desired results
  • Build effective, compliant contracts that maximise the benefits achieved via tendering and negotiation processes
  • Develop complex agreements and the terms/conditions that create the most contention
  • Utilise the international legislative/legal issues to incorporate in contract risk management
  • Apply best practice in contract risk management & performance management
  • Communicate contractual differences between services, products & solutions
  • Manage sub-contracting, distribution and third-party relationships
  • Know what to do when, or if, the contract starts to go wrong
  • Effectively handle claims and variations
  • Complete the contract finalisation and close-out documentation.

Course Outline

Module 1

  • Principles of Contracts
  • Objectives and Definitions
  • Contract Framework
  • Elements of a Contract
  • Difficulties Encountered in Contract Administration
  • Contract Administration Major Steps
  • Competencies of Contract Administrators
  • Contract Administration Tools
  • Key Principles
  • Knowing Your Contract
  • Contract Provisions Affecting Implementation
  • Tools and Techniques for Contract Administration
  • Information Needed for Administering a Contract

Module 2

  • Records and Documentations
  • Roles and Responsibilities of Contract Administrators
  • Competencies for Contract Professionals
  • Developing Schedule and Cost Plans
  • Developing Milestones Charts
  • Contractor Evaluation
  • On-Going Assessments
  • Evaluating Contractor's Performance
  • Managing Contracts in Progress
  • Performance Reporting
  • Status and Progress Reporting

Module 3

  • Performance Indicator
  • Claims and Disputes
  • Breach of Contract
  • Types of Damages
  • Remedies
  • Force Majeure
  • Changes and Variation Orders
  • Claims and Extensions
  • Contract Closeout Lessons Learned: How, Who, Where and When
  • Disputes

Module 4

  • Alternative Dispute Resolution: Negotiation, Mediation, Conciliation, Arbitration
  • Contract Termination
  • Termination for Default
  • Termination for Convenience
  • Partnership with Contractor
  • Strategic Alliance
  • Objectives & Elements of Partnerships

Module 5

  • Advantages and Disadvantages
  • Negotiations (Planning, Preparation and Guidelines)
  • Trading Concessions

Methodology

To enhance learning effectiveness, hand on experience will be emphasised in this programme through role-plays in class presentation, group facilitation and class critique.

Case studies, group discussions and video support will also be used to enhance learning experience. Fun quizzes will be injected to provide formative assessment and a fun learning environment.

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